SEND reforms in England including EHCPs: what parents need to know

1. National EHCP Template. A single, standardised EHCP form across England, so families don’t face a postcode lottery of different paperwork and formats. This would be a welcome change and, it is hoped, that this would mean that every EHCP includes the legally required sections and headings to ensure that they are properly drafted from the outset. It should make EHCPs easier to understand, compare and enforce
2. Digital EHCPs. The government has been testing online systems to create, share and track EHCPs. Many will already be aware of councils piloting digital portals so families can follow progress more easily. There has been mixed success with the portals but the intention seems to be to allow for a smoother process. 
3. Faster and clearer processes. Authorities are under pressure to meet the 20-week deadline for issuing EHCPs (something many currently miss). New plans are being trialled to cut delays in an effort to make the process less stressful for parents, however, it is unclear what these would be, aside from the obvious gains that could be made through the first 2 proposals, above. 
4. Expanding provision. Investment in new specialist school places; more training for Educational Psychologists and staff who provide early advice; and more support inside mainstream schools, so children can get help earlier without needing to “fight” for an EHCP. The obvious issue here lies in the, already stretched, school system. At the moment, the duty is on the LA to fund provision once an EHCP is in place. The concern here is that many schools are already in a budget deficit. Requiring them to provide more without adequate funding, is unlikely to improve this situation.

1. Tightening Eligibility. Ministers are debating whether only children with the most complex needs should qualify for EHCPs. There seems to be consideration of a system whereby there is a tiered approach, with some children having education only plans, some education and health and only those who need social care having the EHC plan. This would indicate that children with less severe needs may instead be expected to rely on school-based support. A key issue here is who will decides what constitutes more complex needs and whether there is a risk of some needs, such as children with complex physical needs, being deemed more worthy of higher levels of support than for example children with complex needs arising from neurodevelopmental conditions or mental health conditions. Concerns here echo those expressed above; whilst this could allow for a smoother process, it is clear that better resources and funding would be required by schools to implement this effectively.
2. Mainstream first approach. More emphasis is being placed on supporting children in mainstream settings, with extra funding and training, as has been the case for some time. The aim appears to be to reduce reliance on EHCPs and specialist schools, but the worry here is that this could dilute specialist provision. Moreover, it appears to overlook the fact that many mainstream school are already unable to adequately meet the needs of pupils with more complex SEND leading to such pupils all to often being disproportionately represented in exclusions, suspensions and ‘off-rolling’ and the rapidly growing number of disability discrimination claims.  

If your child already has an EHCP, their legal rights remain in place. Any changes are anticipated  to be gradual, and the current government’s position is that existing plans cannot be taken away overnight.

If you’re applying for an EHCP, the process may change in the next few years. Standard templates and digital systems could make things easier—but if eligibility thresholds are tightened, some families may face more refusals. In which case it is important to hold in mind that, rights of appeal and the currently exceptional high success rates for parents appealing decision refusing to assess or issue EHC Plans.

For children without an EHCP but needing support, schools are expected to offer stronger “early help” and in-class support, although it appears entirely unclear, including to those schools, how this will be resourced. It’s important to understand what a child's rights to SEND support provision now, and if it appears that this is unlikely to be adequate, to consider  commencing the an application for EHC needs assessment now with a view to issue of an EHC Plan before any SEND reforms are likely to take effect.

For all families considering embarking upon this process it is advisable to:

• Keep records: such as reports, letters, and communication with schools and the local authority
• Stay informed: follow updates from the Department for Education, independent charities such as IPSEA and SOS SEN
• Expect to have to and be ready to challenge decisions: such as by appealing to the First-tier Tribunal or pre-action protocol for judicial review.

Reforms are on the horizon , but they are still being shaped. The most important thing is to stay informed, ask questions, and keep your voice heard - through parent groups, engaging with consultations, national charities and local SEND forums - so that reforms lead to real improvements for children and their receiving what they are legally entitled to, not fewer opportunities. Right now, a lot of what’s being floated is still in the consultation or pilot phase, so much of it is hypothetical.

So, for parents, the reality today is:

• If you need an EHCP, apply under the current rules and do so sooner rather than later.
• Watch for local pilots (your council’s SEND page should say if they’re involved).
• Know that rights of appeal and judicial oversight are absolutely still there, even if councils may in due course push back harder.
• Expect reforms, but not overnight — families will get warning before new national rules take effect and the excellent charities and specialist education SEN lawyers will be ready to support you to ensure your child receives the school places, special educational, health and social care provision they need.